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Investigation Library
A practical legal resource on fair and defensible workplace investigations. Every existing article retains its original web address.
01
Latest commentary
New case
RBC’s unfair investigation leads to a multi-million dollar award
Silva v. Royal Bank of Canada
Evidence
The investigator must consider exculpatory evidence
A balanced inquiry must explore both sides
Fairness
When failure to investigate becomes part of the wrong
Investigation failures and resulting harm
Human rights
Choice of forum: grievance process or human rights
Concurrent and competing routes
02
Duty to investigate
Overview
Duty to investigate in the workplace
Legal obligations in Alberta
Legal duty
Is a workplace investigation mandatory?
Statute, contract and common law
Trigger
When does the duty to investigate arise?
The duty may arise without a formal complaint
Just cause
Common-law allegations require investigation
Serious misconduct and good faith
Examples
Issues requiring workplace investigations
Common complaints and workplace concerns
Safety
Occupational health and safety
The statutory duty to investigate
03
Human rights
04
Fairness and evidence
Core guide
Basic rules for conducting the investigation
The investigator’s standards of conduct
Due process
Summary of due-process standards
Notice, response, impartiality and evidence
Evidence
Access to an employee’s electronic footprints
Records, privacy and the evidentiary trail
Independence
Can the employer’s lawyer be the investigator?
Conflict and impartiality concerns
Case analysis
Fairness and the Hockey Canada investigation
Investigator ties to law enforcement
Complaints
The perils of a false allegation of wrongdoing
Consequences of an unfounded accusation
05
Suspension pending investigation
Complete guide
Suspension pending investigation
Employer, employee and legal considerations
Legal review
The right to suspend pending investigation
Administrative and disciplinary suspension
Employer guide
Using suspension fairly and defensibly
Safety, evidence and workplace risk
Employee guide
Are you the subject of an investigation?
Process rights and practical protection
06
Liability and damages
07
Public and federal employers
08
Videos and guide
Free download
Guide to workplace investigations
Best practices in downloadable format
Video hub
The need to conduct a workplace investigation
David Harris explains the legal foundation
Video
Damages increase due to failure to investigate
Consequences of an inadequate response
Video
Examples of dramatic damage awards
Cases illustrating significant exposure
Video
Suspension pending investigation
When and how suspension may be used
Video
Rules of fairness in the investigation
Essential procedural safeguards
Confidential preliminary discussion
Discuss an investigation.
For an investigation in Calgary or elsewhere in Alberta, contact David directly.
Administrative inquiries: maureen@empl-law.com
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Independent workplace investigations · Calgary, Alberta